Influencer agreement template
Agreement on cooperation with an influencer or content creator
This document rests on a fixed pattern prepared by Paragrafo; it is not a law firm template. Its wording is not written by AI, only the details from the form are filled in. For a non-standard situation we recommend a solicitor.
Law in force as at
Zmluva o spolupráci pri propagácii
- I. Zmluvné strany
- II. Predmet zmluvy
- III. Tvorba a schvaľovanie výstupov
- IV. Označenie reklamy
- V. Pravdivosť tvrdení a práva tretích osôb
- VI. Odmena a platobné podmienky
An influencer collaboration agreement sets out what content the creator will produce, where and when it will be published, for what fee and what may happen to the content afterwards.
The two things most often underestimated in these agreements are the labelling of commercial content and the rights to the content once the campaign ends.
Who needs this document
- Brands working with content creators
- Marketing agencies arranging collaborations
- Influencers themselves, who want to keep the terms under control
What the document must contain
- A precise description of the content, including the number and the format of the deliverables
- The platforms and the publication dates
- The fee and when it falls due
- The obligation to label commercial content
- The licence to the content created, including its scope and duration
- The rules for approving content before publication
- Exclusivity, where it is agreed, and its scope
- The notice period and what is paid if the collaboration ends early
- What happens to the content when the licence ends
Legal basis
Autorský zákon
Governs the rights to the content created and licences.
Zákon č. 108/2024 Z. z. o ochrane spotrebiteľa
Unlabelled advertising may be an unfair commercial practice.
Zákon č. 22/2004 Z. z. o elektronickom obchode
Where a commercial communication is made on behalf of another person, that person must be identified (§ 4(4)).
Obchodný zákonník
Applies to the contractual relationship between the businesses itself.
Občiansky zákonník
Applies where the influencer is not in business and has no IČO.
Zákon č. 595/2003 Z. z. o dani z príjmov
A fee for creating a work and for consent to its use is taxed by withholding unless the parties agree otherwise in writing in advance (§ 43(3)(h) and (14)).
Most common mistakes
No obligation to label the collaboration
Hidden advertising may be assessed as an unfair commercial practice. The obligation to label the content belongs in the agreement itself, not in a verbal understanding.
The licence to the content left unresolved
Without an express arrangement, the brand has no right to use the photographs and videos in its own advertising. The scope, the territory and the duration of the licence belong in the agreement.
A vague subject of performance
Wording such as “promotion on social media” is not enough. The number of deliverables, the format and the platform should all be specified.
A label the consumer will not notice
A label buried among other hashtags, shown only at the end of a video or given as the English abbreviation #ad is not enough. The Slovak Influencer Marketing Code expressly rules these out, and the label should also make clear who the content was created for.
Withholding tax left unresolved
Where the influencer is an individual, tax is withheld from the fee for the work and the licence unless the parties agree in writing in advance that it will not be. A sentence saying that the influencer handles their own taxes does not replace that agreement.
Unlimited exclusivity
A ban on working with competitors, with no limit in time or in subject matter, tends to be disproportionate and will not hold up in a dispute.
Frequently asked questions
Does an influencer have to label a collaboration?
Yes. Commercial content has to be recognisable. Unlabelled advertising may be assessed as an unfair commercial practice.
Who owns the content an influencer creates?
Copyright stays with the creator. The brand acquires the scope of use it agrees in the licence, which is why the licence should be set out expressly in the agreement.
How long can the brand use the content?
Exactly as long as the licence in the agreement allows. If no period is agreed, the statutory rules apply and they tend to be less favourable to the brand.
Does the advertising have to name the brand?
Yes. Where a commercial communication is made on behalf of another person, that person must be identified (§ 4(4) of Act No. 22/2004 Coll.). In practice it is enough to give the brand's name in the label or to tag its profile.
How is the fee of an influencer who is an individual taxed?
A fee for creating a work and for consent to its use is taxed by withholding unless the parties agree in writing in advance that tax will not be withheld (§ 43(3)(h) and (14) of Act No. 595/2003 Coll.). The template offers both options. Promotion without any authorial work may be a business activity, so it is worth checking the specific case with a tax adviser.
Can the brand cancel the campaign?
Only if the parties agree so. In the template you can set what percentage of the fee the brand pays for deliverables the influencer has not started; deliverables already published or submitted as a draft are paid in full.
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